Common Mistakes to Avoid When Filing a Personal Injury Claim

Filing a personal injury claim can be a complex and emotionally taxing process. Accident victims are often dealing with physical pain, emotional distress, and financial burdens caused by medical bills and lost wages. While the goal of a personal injury claim is to secure fair compensation, many people make costly mistakes that could significantly impact their case. To avoid jeopardizing your claim, it’s crucial to understand and steer clear of the most common mistakes people make when filing a personal injury claim.

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1. Failing to Seek Immediate Medical Attention

One of the biggest mistakes accident victims make is delaying medical treatment. Seeking medical attention immediately after an accident is essential for two reasons. First, it ensures your injuries are properly diagnosed and treated. Second, it establishes official medical records that serve as crucial evidence in your personal injury case. Insurance companies aim to minimize payouts, and they may argue that a delay in seeking treatment means your injuries weren’t serious. Immediate medical attention protects both your health and your injury claim.

Mistakes to Avoid:

• Delaying medical treatment
• Failing to follow through with prescribed medical care from your healthcare provider
• Not keeping medical records of treatment

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2. Not Gathering Compelling Evidence at the Scene

Accident victims who fail to gather evidence at the scene may face significant challenges later in the legal process. As much evidence as possible should be collected to support your injury claim. This includes taking photographic evidence of the accident scene, injuries, and any property damage. Witness statements and witness contact information are also crucial for building a strong case. An official record of the incident, such as a police report, can further bolster your claim.

Mistakes to Avoid:

• Forgetting to gather evidence at the scene
• Not obtaining witness statements and witness contact information
• Relying on memory instead of capturing photographic evidence

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3. Giving a Recorded Statement to Insurance Adjusters

Insurance companies aim to protect their bottom line, not accident victims. Insurance adjusters often ask for a recorded statement shortly after an accident. While it may seem like a routine request, providing a recorded statement without consulting a personal injury attorney can be one of the most common mistakes. Anything you say could be used against you to reduce or deny your compensation. Instead, consult with experienced personal injury attorneys before discussing your case with insurance companies.

Mistakes to Avoid:

• Speaking to insurance adjusters without an attorney
• Providing a recorded statement without legal guidance
• Failing to understand your rights when dealing with insurance providers

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4. Accepting the First Settlement Offer

Another common mistake is accepting the first settlement offer from the insurance company. While it may be tempting to accept a quick payout, initial settlement offers are often far lower than what you’re entitled to. Insurance companies know that accident victims are vulnerable and may want to resolve the matter quickly. An experienced attorney can help you negotiate for fair compensation that accounts for future damages and ongoing medical care.

Mistakes to Avoid:

• Accepting a lowball settlement offer
• Not consulting with a personal injury lawyer before agreeing to a settlement
• Overlooking the cost of future damages and ongoing medical treatment

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5. Failing to Hire an Experienced Personal Injury Attorney

The personal injury claim process is filled with legal complexities that most accident victims are not equipped to handle alone. Hiring experienced personal injury attorneys can make a significant difference in the outcome of your case. A personal injury attorney can help you gather evidence, negotiate with insurance companies, and file a personal injury lawsuit if necessary.

Mistakes to Avoid:

• Waiting too long to hire a personal injury lawyer
• Not selecting an attorney with experience in personal injury claims
• Believing you can handle the process alone without legal representation

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6. Failing to Document the Full Extent of Your Losses

Proper documentation is key to receiving full compensation. Accident victims often underestimate the long-term impact of their injuries. Medical bills, lost wages, and ongoing medical treatment are just part of the equation. Physical pain, emotional distress, and future damages must also be considered when pursuing a personal injury claim.

Mistakes to Avoid:

• Failing to document all medical expenses, including medical bills and ongoing treatment
• Overlooking the impact of emotional distress and physical pain on your claim
• Forgetting to track lost wages and potential future damages

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7. Waiting Too Long to File a Claim

Each state has a statute of limitations for filing personal injury claims, and Nebraska is no exception. Delays in filing can result in the loss of your legal right to pursue compensation. It’s essential to contact a personal injury attorney as soon as possible to ensure your claim is filed on time.

Mistakes to Avoid:

• Missing the deadline to file a personal injury claim
• Assuming you have more time than you actually do
• Failing to contact a personal injury attorney before the statute of limitations expires

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How Conway, Pauley & Johnson P.C. Can Help You Avoid Common Mistakes

At Conway, Pauley & Johnson P.C., our experienced personal injury attorneys are dedicated to helping accident victims avoid the most common mistakes when filing personal injury claims. We understand the importance of gathering compelling evidence, dealing with insurance companies, and negotiating fair compensation. Our team will guide you through the legal process to protect your rights and ensure you receive the maximum compensation you deserve.

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Call to Action

Learn more about common mistakes to avoid when filing a personal injury claim. Call Conway, Pauley & Johnson P.C. at (402) 462-5187 to schedule your free, no-obligation consultation. You can also reach us anytime through our contact page. Let us help you take the first step toward justice and recovery.

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FAQs About Personal Injury Claims

1. What is the most common mistake people make when filing a personal injury claim?
The most common mistake is delaying medical treatment, which can weaken your claim and give insurance companies grounds to deny compensation.

2. How long do I have to file a personal injury claim in Nebraska?
Nebraska’s statute of limitations for personal injury claims is generally four years from the date of the accident, but it’s best to consult an attorney as soon as possible.

3. Should I accept the first settlement offer from the insurance company?
No, insurance companies often make low initial settlement offers. It’s wise to have a personal injury attorney review the offer before accepting.

4. Do I need a lawyer to file a personal injury claim?
While you’re not legally required to have a lawyer, having an experienced personal injury attorney can greatly increase your chances of receiving fair compensation.

5. What type of evidence is crucial in a personal injury case?
Crucial evidence includes medical records, police reports, witness statements, photographic evidence of injuries and the accident scene, and documentation of lost wages and medical bills.

By avoiding these common mistakes and working with an experienced attorney, you can improve your chances of obtaining fair compensation for your injuries. Contact Conway, Pauley & Johnson P.C. today to learn more about your legal options.